During summertime, more and more people start boating. Unfortunately, it can cause a variety of tragic accidents. The best way to avoid such problems is to take boating safety courses which are available online and follow them. Nonetheless, it is clear that not all of us are able to be enough attentive and cautious.
Typically, boating accidents are not related to the weather or water conditions but they are linked to the negligence of different persons. A boating accident can occur because of a passenger, seaman, crewmember, the owner of a boat, manufacturers of suppliers fault, etc. If the negligence of the liable person can be proven, it means that all damages suffered by injured parties (passengers, pilots, people on the ground) should be covered.
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Boating Accident Law. In the resources of our site, you can find detailed information about California Personal Injury law.
1. What is a California Boating Accident?
a)Johns Acts Accidents
2. How a California Boat Accident Attorney Can Help You
3. What Kind of Compensation You Can Get If You Suffered a California Boating Accident in California
1. When Does a California Boat Accident Occur?
A boating accident is considered to have occurred when a boat is involved in an accident that causes injuries, damages or death. All vehicle operators, including watercraft operators, have a legal obligation to operate it in a safe manner. A boating accident can occur on watercrafts, including small boats, navy vessels, canoes, cruise ships, etc. Mainly, boating accidents are caused by:
- operator inattention,
- operator inexperience,
- collision of boats;
- drunk driving;
- overload of the boat;
- swamping or falling overboard;
- boat malfunction.
a) Jones Act Accidents
It should be noted that the seamen, crewmembers, or commercial fishermen who are employed to work on a vessel are also protected by US law against injuries and other damages suffered from boating accidents. In particular, under the Jones Act, 46 USC 688, the aforementioned persons have the right to collect compensation, if they were injured or died through the employer negligence.
2. How Can a California Boating Accident Lawyer Protect Your Rights?
Any accident immediately changes the victim’s life. The victim has to deal with an insurance company, doctors, the police, and others, in order to recover his or her compensation. This time is very stressful and insurance agents, claim adjusters and other persons just make it harder. That is why the victim needs a legal representative who is able to assist with injuries so that you can concentrate on your recovery.
In order to prove that you deserve compensation for being injured in a boating accident, we must establish the following circumstances of the unfortunate event:
- The accident was caused by negligence,
- You were caused harm (injuries, property damages, death of the relative, etc.),
- The party who acted in a negligent manner is responsible for compensation.
Note: it can happen that more than one person is responsible for causing you injuries; it means that the liability must be divided among these negligent parties according to the legal doctrine called “comparative negligence”.
The Margarian Law Firm lawyers may help you recover the compensation you deserve if a loved one is killed or you suffered any other loss because of a boating accident in California.
3. What Kind of Compensation You Can Get After Suffering a Boat Accident in California
It should be noted that it is a crime to operate a boat in a negligent manner. In this case, the guilty person faces not only criminal penalties but also the operator can be sued for negligence and the victim of his or her actions can be entitled to sue and recover compensations.
If you have been involved in the unfortunate circumstances and suffered from a boating accident, you may be entitled to receive compensation for your losses, including:
- Loss of wages(including any reduction in the ability to earn money);
- Lost earning capacity;
- Loss of consortium/association (only for married couples);
- Medical treatment expenses(both past and future);
- Punitive damages.
If you have recently become a victim of a boating accident and in a result, you have suffered serious injuries, the next thing you can do is to contact a California Personal Injury Lawyer. Issues will become complicated if a person without any experience and professional knowledge involves in them.
The Margarian Law Firm aggressively protects the rights of persons injured in California boating accidents. We will evaluate your case and prepare as fast as possible your claim for the compensation you deserve. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us!
You may file your request online, by telephone or by mail. 818-553-1000